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STATE OF NEVADADEPARTMENT OF TAXATION
Medicine
MEDICINE
DRUGS OR MEDICINE
Definition:– Compound, substance or preparation and any
component of a compound, substance or preparation, which is recognized by:• United States Pharmacopoeia• Homeopathic Pharmocopoeia of the
United States• National Formulary• Any supplementary of the above
NRS 360B.435
DRUGS OR MEDICINE
• Intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body as prescribed by a physician.
• Intended to affect the structure or any function of the body.
NRS 360B.435
NRS 360B.455
NRS 360B.465
LCB R021-08 (9)
DRUGS OR MEDICINE
If the drug or medicine is• Furnished by a licensed physician, dentist or podiatric
physician to his own patient
• Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatric physician
• Sold to a licensed physician, dentist, podiatric physician or hospital for the treatment of a human being
It is EXEMPTNRS 372.283
As prescribed or administered by a physician, drugs or medicine include, without limitation:
SplintsBandagesPads CompressesDressingsAny DrugInjectible Dermal FillersSaline SolutionsMedical Grade GasesInsulin
NRS 372.283NRS 360B.435NRS 360B.455NRS 360B.465LCB R021-08(9)
DRUGS OR MEDICINE
Do NOT include:• Auditory, ophthalmic or ocular device/appliance• Instruments, crutches, canes, devices/other
mechanical, electronic, optical/physical equipment• Alcoholic beverage, other than as a solution in
ordinary preparation of a medicine• Food ingredient
• Braces or supports not prescribed or applied by a licensed provider of health care for human use
• Dietary supplementNRS 372.283(2)(b)
DRUGS OR MEDICINE
• Any product, other than tobacco, intended to supplement the diet that contains one or more of the following:
• Intended for ingestion in form of a tablet, capsule, powder, softgel, gelcap or liquid
• Not represented as conventional food
• Required to be labeled as dietary supplement per 21 C.F.R (101.36)
NRS 460B.430; NRS 360B.495
DIETARY SUPPLEMENT
Tonics & Vitamins
Mineral
Herb or other botanical
Amino acid
Dietary substance for use by humans
Concentrate
Metabolite Constituent
Extract Any combination of above
A replacement, corrective or supportive device, including any repair and replacement parts, worn on or in the body– Replaces artificially a missing portion of the body– Prevents or corrects a physical deformity or
malfunction– Supports a weak or deformed portion of the body– Dental braces and related materials*
is exempt if prescribed or applied by a licensed provider of health care within his scope of practice, for human use
NRS 372.283; NRS 360B.475; *Nevada Supreme Court: State v Lohse and Corbridge
PROSTHETIC DEVICE
Does NOT include
Corrective eyeglasses, contact
lenses or hearing aids
unless paid by Medicare or Medicaid
PROSTHETIC DEVICE
NRS 372.7285; NRS 360B.475
If a durable medical equipment or mobility-enhancing equipment (including glasses, contact lenses and hearing aids) has been prescribed for use by a patient
• AND is paid for by Medicaid or Medicare
• The transaction is EXEMPT from tax
SALES TO GOVERNMENT ENTITIES
NRS 372.7285(2)(c)
Includes abduction and orthotic pillows, anesthesia ventilators, bone growth stimulators, dialyzers and kidney dialysis machines
And…are exempt if paid for by Medicare or Medicaid
NRS 372.7285; LCB R021-08(10) & (27)
DURABLE MEDICAL EQUIPMENT
• Are exempt if paid for by Medicaid or Medicare• Are appropriate for use either in a home or a
motor vehicle• Are not generally used by persons with normal
mobility
– Examples: Wheelchair
Walker
Scooter
LCB R021-08 (14) & (27)
MOBILITY-ENHANCING EQUIPMENT
Are consumers of the– Materials– Supplies– Dental laboratory products– Other tangible personal property used in
performing their services
NAC 372.220
DENTISTS
DENTAL LABORATORIES
Dental laboratories are the RETAILERS of
Plates
Inlays
Other products they manufacture for Dentists
NAC 372.220
Tax applies to the entire charge for such a product regardless of whether the prices of the materials and services are separately stated.
DIETITIANS
AB 289, approved in the 2011 Legislative Session now provides that “Licensed Dietitians” are included in the definition of “Provider of Health Care” for the purposes of exempting the sale of a medical device to a governmental entity like Medicaid and Medicare. (see NRS 372.7285)
Effective 1/1/2012
HOSPITALS
A hospital
that is maintained and operated by an organization exempt under NRS 372.325 does not collect sales tax on:
a. Tangible personal property furnished to inpatients in connection with the rendition of hospital services
b. Meals served to staff members and personnel
Is a retailer of tangible personal property sold:
a. To outpatients
b. Through any pharmacy which operates for any purpose other than the rendition of hospital services
NAC 372.260(1)
HOSPITALS
All other hospitals, including nonprofit and private hospitals, shall pay either the sales tax on purchases of tangible personal property or the use tax on the use of tangible personal property in Nevada.
Those hospitals must collect sales tax on tangible personal property which they furnish to inpatients in connection with the rendition of hospital services. The tax is measured by:
a. The charge for the property if separately stated or
b. Cost to the hospital
NAC 372.260(2)
HOSPITALS
Cafes, restaurants, gift shops and similar facilities which are operated by any type of hospital, are the RETAILERS of the tangible personal property which they sell.
These types of transactions are not considered to be within the scope of the primary function of a charitable hospital.
and therefore, are taxable!
NAC 372.260(3)
DEPARTMENT OF TAXATION Contact Information
Our offices are open Monday-Friday 8:00 AM – 5:00 PM
Southern Nevada:Grant Sawyer Office Building555 E. Washington AvenueSuite 1300Las Vegas, NV 89101 OR2550 Paseo Verde ParkwaySuite 180Henderson, NV 89074
Carson City:1550 College ParkwaySuite 115Carson City, NV 89706-7937
Reno:4600 Kietzke LaneBuilding L, Suite 235Reno, NV 89502
Contact our Call Center at1-866-962-3707
(closed during lunch)